Mediation Definition



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Definition

Mediation, a form of alternative dispute resolution (ADR). In mediation, a neutral third party called a “mediator” tries to facilitate negotiations between two or more adverse parties.

Typically, a mediation will follow the same general agenda:

First, the parties will meet together with the mediator and everyone is given an opportunity to introduce themselves and explain their position. The mediator will also usually describe the process and explain the confidentiality requirements of the process.

Next, the mediator will often break up the parties so s/he can meet with them individually. At this point, the mediator will normally try to better understand each side's position while simultaneously pointing out any weaknesses in their cases. The point of this process is to make the parties recognize the benefits of coming together in a settlement rather than proceeding to trial. After some discussion, the mediator will see what sort of terms one party wishes to offer the other, and will then meet with the other party to convey this offer. This back and forth will usually continue until the parties have an agreement or until it becomes apparent that no resolution will be possible.

Finally, if a settlement is reached, an agreement is put to paper and signed by the parties (and in a number of jurisdictions by the mediator, as well). If a party violates the settlement, it will give rise to a cause of action for breach of contract. If no settlement is achieved, the mediator will declare an impasse, and the case can proceed to trial.

Mediation allows the parties to a dispute to resolve their dispute without relying on outside third parties to resolve their dispute for them. This can make the process more amicable, more likely to lead to a lasting resolution, and less uncertain. As mediation is almost always ordered at some point in every civil lawsuit, it is becoming one of the most important processes for litigants to understand.

  • Facts About Mediation

    Mediation is a form of Alternative Dispute Resolution (ADR) that is offered by the U.S. Equal Employment Opportunity Commission (EEOC) as an alternative to the traditional investigative or litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. The decision to mediate is completely voluntary for the charging party and the employer. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone, including other EEOC employees.

  • Mediation - Alaska Bar Association

    Mediation is a confidential and informal way to resolve a dispute with the help of a neutral third person (mediator). The mediator works with both parties to help them reach a mutually agreeable solution to their differences. Mediation proceedings are confidential and informal. The mediator can’t issue subpoenas or swear witnesses. The mediator can’t force the parties to resolve their differences. But the mediator can help the parties reach a solution agreeable to both of them. If the parties work out all or some of their differences, the resolution - or agreement - is put in writing and signed by both the parties. Under Alaska Bar Rule 13(e), the agreement is considered a contract and is legally enforceable in court. Matters that are not resolved are referred back to bar counsel. The dispute will then proceed through the appropriate grievance or Fee Arbitration Process.

  • Mediation - Law.com Dictionary

    n. the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration, in which the third party (arbitrator) acts much like a judge in an out-of-court, less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation) and is often ordered by the judge in such cases. Mediation also has become more frequent in contract and civil damage cases. There are professional mediators or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety. However, mediation does not always result in a settlement.

  • Mediation - National Mediation Board (NMB)

    The purpose of mediation under the Railway Labor Act is to foster the prompt and orderly resolution of collective bargaining disputes in the railroad and airline industries. These disputes, referred to as "major" disputes, involve the establishment or revision of rates of pay, rules, or working conditions. The parties should attempt to resolve collective bargaining disputes through direct negotiations. Failing that, either party may request the Board's services or the Board may involve itself on its own initiative. In its mediatory role, the Board may employ a variety of methods, including traditional mediation, interest-based problem solving, or facilitation. The Board views the objective of mediation as assistance to the parties in achieving agreement and sees the role of the mediator as an active participant in the process as a key to that assistance.

  • Mediation - The U.S. Equal Employment Opportunity Commission

    Mediation is a fair and efficient process to help you resolve your employment disputes and reach an agreement. A neutral mediator assists you in reaching a voluntary, negotiated agreement. Choosing mediation to resolve employment discrimination disputes promotes a better work environment, reduces costs and works for the employer and the employee

  • Mediation - Wikipedia

    Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more) disputants in reaching an agreement. The disputes may involve states, organisations, communities, individuals or other representatives with a vested interest in the outcome. Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial. Mediation can apply in a variety of disputes. These include commercial, legal, diplomatic, workplace, community and divorce or other family matters.

  • What is Mediation?

    Mediation is a voluntary and confidential way to resolve disputes without giving the decision-making power to someone else (like a judge). It involves sitting down with the other side in the dispute and a third-party who is neutral and impartial (the mediator). The mediator helps the parties identify the important issues in the dispute and decide how they can resolve it themselves. The mediator doesn't tell them what to do, or make a judgment about who's right and who's wrong. Control over the outcome of the case stays with the parties.

  • Why Consider Mediation? - Nolo

    If you've given up on negotiating a settlement of your dispute directly with the other party, mediation may be the best way to solve it. Compared to a lawsuit, mediation is quick, private, fair, and inexpensive. And, if your dispute is with someone that you’ll need (or want) to deal with in the future -- such as an employer, landlord, neighbor, or co-parent -- mediation will help you resolve your disagreement without destroying your relationship.